Date of Adoption: June 11, 2001.

     Purpose: Chapter 296-131 WAC, Agricultural employment standards.

     In 1989 the department adopted a provision in WAC 296-125-043 and 296-126-020 which allowed employers to pay 85% of the state minimum wage for those workers under sixteen years of age. This provision does not apply to agriculture as these WAC chapters do not apply to agriculture work.

     This rule making is necessary to adopt similar minimum wage (including the application of 85% of the minimum wage provision) provisions in the agricultural employment standards rules (chapter 296-131 WAC) that currently exist in the nonagricultural employment of minors rules (chapter 296-125 WAC) and standards of labor for the protection of the safety, health and welfare of employees for all occupations subject to chapter 49.12 RCW rules (chapter 296-126 WAC). These changes are necessary because the department was not able to determine that these provisions were intended to be exclusive to the nonagricultural industries and these changes will ensure consistency with the department's current enforcement practices.

     Statutory Authority for Adoption: RCW 43.22.270 and 49.46.020.

     Other Authority: Chapters 43.22, 49.30, and 49.46 RCW.

      Adopted under notice filed as WSR 01-09-092 on April 18, 2001.

     Changes Other than Editing from Proposed to Adopted Version: Only editing changes were made.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

June 11, 2001

Gary Moore

Director

OTS-4743.2

NEW SECTION
WAC 296-131-117   Minimum wages -- Minors.   Except where a higher minimum wage is required by Washington state or federal law:

     (1) Every employer shall pay to each employee who has reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

     (2) Every employer shall pay to each employee who has not reached their sixteenth year of age a rate of pay per hour that is not less than eighty-five percent of the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter.

     (3) These minimum wage provisions shall not apply when a minor student is in a work place to carry out an occupational training experience assignment directly supervised on the premises by a school official or an employer under contract with a school, and when no appreciable benefit is rendered to the employer by the presence of the minor student.

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